Florida/Georgia Personal Injury & Workers Compensation

...such vacancies in the office of circuit judge shall not extend beyond, but shall expire at midnight January 2, 1961. The defendants, appellants, contend that under the provisions of Sections 6 and 7, Article XVIII, Florida Constitution, and Sections 114.01 and 114.04, Florida Statutes, F.S.A., any such appointments and commissions issued pursuant thereto should extend to the first Tuesday after the first Monday in January 1963, i.e....

...If there be any doubt that such was the intent of the people in adopting Section 6, Article XVIII, that doubt was dispelled completely and clearly by the legislature through the adoption of ch. 114, F.S.A. This chapter of the statutes does two things pertinent here. First, in Section 114.01 it prescribes the cases in which offices shall be deemed vacant. Second, in Section 114.04 it prescribes the mode of filling all offices which shall have fallen vacant. The pertinent sections of this chapter, Sections 114.01 and 114.04, were adopted in 1868 (ch....

...They were no doubt adopted in satisfaction of the contemplation of Section 7, Article IV, that the legislature would "prescribe causes of vacancies in office and provide for filling such vacancies." State ex rel. Landis v. Bird, 163 So. at page 263, supra. Section 114.01 reads in part: "Every office shall be deemed vacant in the following cases: * * * * * * "(6) When any office created or continued by the constitution or laws shall not have been filled by election or appointment under the constitution or law creating or continuing such office. * * *." The newly created offices of circuit judge fall within the provisions of Section 114.01(6) above quoted....

...It matters not that the method of "qualification" of the successor was then by appointment of the governor and confirmation by the senate and is now by election of the people. The *860 requirement is the same and only the mode of qualification of the successor is different. Section 114.01, F.S.A., which prescribes the cases in which offices shall be deemed vacant, has not been amended since the Bird decision....

...e vacant until a successor is elected and qualified. The executive power of appointment cannot be exercised to fill an elective office unless the office be deemed vacant under the law. The offices here involved are now vacant under the provisions of Section 114.01(6), F.S.A....

...Constitution or by the laws of the State for filling such vacancy" the Governor fills the vacancy for "the unexpired term." We must then undertake to ascertain whether any "mode is provided" by the Constitution or laws of the State. This leads us to Section 114.01(6), Florida Statutes, F.S.A., which provides that when an office is created and has not been filled it is vacant....

...to act. As we have previously stated, Wiseheart’s technical disqualification was relieved long before the assault was made on his title, and whether his status at the present is that of a de facto or a de jure officer is not material to this suit. Section 114.01, Florida Statutes 1941, defines the conditions under which an office becomes vacant. The Governor may declare a vacancy under certain conditions named in Section 114.01, or he may create a vacancy by removal, as in Section 15, Article IV of the Constitution, but not otherwise....

...The 1885 Constitution in Art. IV, § 7, authorized the Governor to fill a vacancy "[W]hen any office, from any cause, shall become vacant... ." Now, however, the current 1968 constitutional provision controls and also takes precedence over statutes such as Fla. Stat. § 114.01 providing that an office shall be "deemed vacant" in cases there enumerated, one being "resignation." The provisions of Ch....

...nterpart in prior constitutions. Art. X, § 3, Fla. Const. By statute, resignation had long been declared a means of creating a vacancy in office. See, e.g., Ch. 1633, § 1, Laws of Fla. (1868); Ch. II, art. III, § 461, Comp. Gen. Laws Ann. (1927); § 114.01(2), Fla....

...[b]y [the incumbent's] resignation."). In 1977, the legislature amended the vacancy-by-resignation statute to state that a vacancy occurs only after the resignation has been accepted by the governor. Ch. 77-235, section 1, Laws of Florida, appearing as section 114.01(1)(d), Florida Statutes (1977)....

...age — whatever it may mean — was unnecessary to the issue in the case and is unavailing as precedent. The American view of the Constitution requires that we examine the 1977 statute purporting to place an acceptance limitation on all resignations. § 114.01(1)(d), Fla....

...rnmental duties will not be performed or the rights of creditors will be adversely affected, neither of which pertains here. In sum, we hold that article X, section 3, adopts the "American view" of resignations and that the acceptance requirement of section 114.01(1)(d), Florida Statutes (1977), pertains only to those rare, dire situations contemplated by Edwards v....

...gible and controllable ballots for the voters' choices." 302 So.2d at 133. Finally, the two statutes here at issue serve to protect the right of privacy for the individual who does not desire to be a candidate. That right is partially embodied *4 in Section 114.01, Florida Statutes, which recognizes the right of a person elected to public office to refuse acceptance of the office....

require cooking facilities. (Id. (quoting City Code § 114-1)). The City Code permits transient rentals for

require cooking facilities. (Id. (quoting City Code § 114-1)). The City Code permits transient rentals for

...n in Art. IV, § 7, authorized the Governor to fill a vacancy "(W)hen any office, from any cause, shall become vacant. . . ." Now, however, the current 1968 constitutional provision controls and also takes precedence over statutes such as Fla. Stat. § 114.01 providing that an office shall be "deemed vacant" in cases there enumerated, one being "resignation." ....

...aneously with the date the judge's term of office was to begin. This Court concluded that the eligibility requirements "refer to eligibility at the time of assuming office not at the time of qualification or election to office." Id. at 759. However, section 114.01, Florida Statutes (1965), stated that a candidate had sixty days after election or appointment to qualify for the office....

...ive office if less than twenty-eight months, otherwise until the first Tuesday after the first Monday following the next general election." (Underscoring supplied) By statute, the Legislature has defined when an office is deemed vacant, as follows: "114.01 Office deemed vacant in certain cases — Every office shall be deemed vacant in the following cases: (1) By the death of the incumbent....

...ted unto him by Article IV, Section 7, is superseded by the Home Rule Charter provision." Sub judice, we have a different situation in that we do not have a vacancy in office created by resignation or created by any of the circumstances specified by Section 114.01, Florida Statutes....

...an officer for the period of suspension is a separate and distinct provision from Article IV, Section 1(f), which deals with the Governor's power of appointment when a vacancy occurs in a state or county office. An office is not deemed vacant under Section 114.01 upon charge of commission of felony but rather is deemed vacant upon "conviction of the incumbent of any felony, or an offense involving a violation of his official oath." This Court explicitly stated in In re Advisory Opinion to the Governor, 75 Fla....

...fill that office by appointment during the period of suspension. There is a vast difference between appointing for the period of suspension, *702 which is temporary in nature, and appointing to fill a "vacancy" when such occurs under Florida Statute 114.01 or Section 3, Article X, Constitution of Florida (1968)....

...for five years in order to qualify for the position. The candidate elected had been a member of the Florida Bar for just under four years on election day. The court determined that the constitutional amendment applied to the candidate. At that time, section 114.01 then provided that "(e)very office shall be deemed vacant ......

election, the said office shall become vacant.” Section 114.01(10), F.S., F.S.A., is to like effect. In State

...This interpretation does not clash with Section 6, Article XVIII of the Constitution, and, since we find no adequate means for filling the vacancy by election, any consideration of Section 7, Article XVIIÍ, becomes unnecessary. We find nothing in Section 98.08, Florida Statutes 1941, relating to Special Elections, or Section 114.01, et seq., Florida Statutes 1941, relating to vacancies, or any other section of the law relating to filling vacancies in Congress that militates against this view....

...any cause, shall be for the unexpired term unless some other mode of filling the office is provided by our Constitution or by our statutes. Our Legislature has adopted a general statute which provides a method of filling certain vacancies in office. Section 114.01, Florida Statutes, F.S.A., reads in part: “Every office shall be deemed vacant in the following cases: % % ^ # ‡ ‡ “(3) By his removal.” Section 114.04, provides: “114.04 Filling vacancies.—In all such cases, and in all o...

specifically rejected the argument there that section 114.01(1)(d), Florida Statutes (1977)-which required

...ty of Sections 6 and 7 of Article XVIII to statutory offices created under Section 1 of Article V of the Constitution. Appellant further reasons that when Judge Pearson resigned in 1956, the office of Judge of the Court of Crimes became vacant under Section 114.01, Florida Statutes 1955, and F.S.A., making it necessary for the governor to appoint a successor to hold the office “until the same [should] be filled by an election as provided by law * * *_» Section 114.04, Florida Statutes 1955, and F.S.A....

...1957), holding that where the definition of a term had been part of the statute law for more than 40 years, the court must assume that the members of the Legislature were familiar with it. The relevant constitutional and statutory provisions are found in s 3, Art. X, State Const., and s 114.01 (1), F.S., respectively....

...office, unexplained absence for sixty consecutive days, or failure to maintain the residence required when elected or appointed, and upon failure of one elected or appointed to office to qualify within thirty days from the commencement of the term. Section 114.01 (1), F.S., provides as follows: (1) A vacancy in office shall occur: (a) Upon creation of an office....

...(k) Upon final adjudication, in this state or in any other state, of the officer to be mentally incompetent. (l) Upon the rendition of a final judgment of a circuit court of this state declaring void the election or appointment of the incumbent to office. See also, s 114.01 (2), F.S., specifying that as to paragraphs (b) and (f)-(k) of subsection (1), the Governor shall file an executive order with the Secretary of State setting forth the facts giving rise to the vacancy and certain other matters, and declaring t...

...a county housing authority does not create a vacancy on such authority so as to require the appointment of certain persons as specified by s 421.05 (1), F.S., as amended by Ch. 84-250, Laws of Florida, since neither s 3, Art. X, State Const., nor s 114.01 (1), F.S., includes the expiration of the term of an officer as a circumstance under which a "vacancy" occurs in that office....

...“Since the date of the Judge’s disappearance, Palm Beach County, of course, has had the services of one less Circuit Judge than the law provides for. Since the missing Judge’s term has many years yet to run, no relief is in prospect unless new facts develop proving actual death whereby Section 114.01(1) F.S....

...ws of the State for filling such vacancy,' the Governor shall have the power to fill such vacancy by granting a commission for the unexpired term.’ The Legislature has sought to implement this provision by the passage of Chapter 114 F.S. [F.S. A.] Section 114.01 of such Chapter lists some 10 specific instances where a vacancy is deemed to exist. An unexplainable disappearance as involved in the case of Judge Chillingworth, is not one of the specific instances listed in Section 114.01. However, Chapter 114, F.S. [F.S.A.] contains a flexible provision in Section 114.04, which indicates the instances detailed in Section 114.01 are not the only ones where the Governor may exercise the power to appoint a successor. Such Section 114.04 provides that in all cases such as listed in Section 114.01 and in all other cases in which a vacancy may occur, an appointment may be made....

...The Sheriff of Palm Beach County has exhausted every means possible to solve the mystery and his report coincides with that of the State Attorney. In November, 1954, Judge Chillingworth was re-elected for a full six-year term beginning in January, 1955. Section 114.01, Florida Statutes 1955, F.S.A., provides the circumstances under which an office becomes vacant and Sec....

...sappearance. Upon this showing, and the additional facts given in the inclosures to your letter, I can come to no conclusion except that this incumbent has “ceased to be an inhabitant” of the Fifteenth Judicial Circuit within the meaning of F.S. § 114.01(4), F.S.A., and that the office to which he was elected has been “abandoned”, In re Advisory Opinion to the Governor, 1942, 151 Fla. 44 , 9 So.2d 172 , 140 A.L.R. 1492 ; State ex rel. Landis v. Bird, 120 Fla. 780 , 163 So. 248, 255 ; and is thus to be “deemed vacant” under F.S. § 114.01, F.S.A....

...Of course, it would be impossible to prove conclusively that a person has “ceased to be an inhabitant” of a particular place without establishing his death or proving that he has become an inhabitant of some other place. I do not anticipate, however, that the proof needed to bring the case within F.S. § 114.01(4) must be of a conclusive nature....

...ined absence.” It can hardly be doubted that the inferences of cessation of inhabitancy and abandonment preponderate over all reasonable contrary inferences, with the possible exception of death, which would, of course, create a vacancy under F.S. § 114.01(1), F.S.A....

...d by and in accordance with Art. V, s. 11(a), State Const. Article X, s. 3, State Const., declares the reasons for which an office will become vacant, providing that a vacancy in office shall occur, inter alia, upon the resignation of the incumbent. Section 114.01 (2), F.S., is to like effect, deeming an office to be vacant, inter alia, in the case of resignation of an incumbent....

...he State for filling such vacancy, the Governor shall have the power to fill such vacancy by granting a commission for the unexpired term.” The respondent was appointed to fill the “vacancy” in office defined and described by Subsection (6) of Section 114.01 in the following terms: “When any office created * * * by the constitution or laws shall not have been filled by election or appointment under the constitution or law creating * * * such office.” However, the provisions of Section...

...Coleman, 115 Fla. 119 , 155 So. 129 , 92 A.L.R. 988 (1934). . Fla.Const. art. Ill, § 17(c) (1968), provides: “Conviction or acquittal [in impeachment proceedings] shall not affect the civil or criminal responsibility of the officer.” See also Section 114.01(7), Florida Statutes, 1967, which provides that every office shall be deemed vacant upon “The conviction of the incumbent of any felony, or an offense involving a violation of his official oath.” ....

...nd under Section 11 of said Declaration of Rights, it is provided that “‘In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury, in the county where the crime was committed * * *; ’ “Section 114.01, Florida Statutes [F.S.A.], provides, in part, , “ ‘Every office shall be deemed vacant in the following cases: * * * (4) By his (the officeholder) ceasing to be an inhabitant of the state, district, county, town or city for which...

...s the power to declare the conditions under which a constitutional office may become vacant as contemplated by Section 7, Article IV, of the Constitution, and assuming further that the Legislature undertook to exercise such power in the enactment of Section 114.01, F.S.A., still the situation described in your request does not fall within any of the conditions defined by said section as creating a vacancy in office....

...stitution by appointing someone to serve in Judge Chill-ingworth’s stead. It is clear that the situation described in your letter is one that was never contemplated by the framers of the constitution, or by the Legislature in the *781 enactment of Section 114.01 even if the Legislature had the authority to provide for such a contingency so far as a constitutional officer is concerned....

...The key determination under your first question is whether or not there is a vacancy in office. The term “vacancy” is nowhere defined in the Florida Constitution. State ex rel. Gibbs v. Rogers, 141 Fla. 237 , 193 So. 435 . The statute which you cite, therefore, F.S.Sec. 114.01, F.S.A., which supplements organic law and is not in conflict with it, is controlling....

...ecause the circuit judge in office is absent with leave in war service, and has not resigned or abandoned the office.” [Italics added.] The only provision of law under which an incumbent might be held to have “abandoned” his office is F.S.Sec. 114.01(4), F.S....

...Such absence is by its nature ostensibly temporary, although without day,’ and. the Constitutional obligation of the' State to support the national war effort is necessarily involved. These factors do not appear in the matter now under consideration. Since it appears that F.S.Sec. 114.01(4), F.S.A., is available as a possible basis for-executive action herein, the next inquiry must be whether the situation posed in your first question meets the statutory requirement....

or law creating or continuing such office. [Section 114.01(6), F. S.] Because s. 112.321(1), F. S., as

Article X of the Florida Constitution nor section 114.01(1), Florida Statutes, includes the expiration

...unty office when not otherwise provided for in the Constitution. In addition, under Section 3, Article X of the newly adopted Constitution, the vacancy in office, ‘shall occur on the creation of any office * * *’ Similar language may be found in Section 114.01 (6), Florida Statutes [F.S.A.]....

...From this we are brought irresistibly to the conclusion that a vacancy in the office occurs immediately upon Section 2 of Article IV becoming effective. Interestingly, Section 3 of Article X of the revision is apparently patterned after portions of § 114.01, Florida Statutes [F.S.A.], which has been considered in prior decisions of this court....

...the court on the date that the candidate assumes office. If a candidate is elected and does not meet the residency requirement by the date of assuming office, the office is deemed vacant and the Governor may appoint someone to fill the vacancy. See § 114.01, Fla....

...He took the oath of office and began his term on November 14th. On August 7, 2023, Appellee Governor Ron DeSantis issued Executive Order 23-159, declaring the Group 2 seat on the Crescent City Commission vacant pursuant to article VI, section 4(a) of the Florida Constitution and section 114.01(2) of the Florida Statutes on the asserted basis that Bailey failed to qualify for the office within thirty days from the commencement of the term of office because of his 1995 federal felony conviction. Following a special election in...

...Here, Bailey did not show that another adequate remedy was unavailable to him to challenge the merits of the Governor’s executive action. As explained below, there was at least one. By Executive Order 23-159, Governor DeSantis, through his authority under section 114.01(2), Florida Statutes, declared a seat vacant on the Crescent City Commission, Group 2. The seat was deemed vacant under section 114.01(1)(h), Florida Statutes, which provides that a vacancy in office occurs upon the failure of a person elected to office to qualify for office within thirty days from the commencement of the term of office....

...i statute. Bailey asserted that Missouri’s statutory restoration of his right to hold office should be given full faith and credit under Article IV, Section 1 of the United States Constitution, making him qualified to hold office in Florida. Section 114.01(1) defines when a vacancy in office occurs, and section 114.01(2) authorizes the Governor to issue an executive order declaring an office vacant. None of this is in dispute. Bailey’s petition focuses not on the Governor’s authority to declare a vacancy in office but on the Governor’s interpretation of what it means to qualify for office under section 114.01(1)(h)....

...2 Bailey imprecisely characterizes the Governor’s action as “removing” him from office. The Governor did not exercise his executive power to remove a public official from office under Article IV, section 7 of the Florida Constitution. Rather, the office was deemed vacant under section 114.01(1)(h). 12 office despite his felony conviction because his civil rights had been restored by operation of a Missouri statute and that Florida had to give full faith and credit to that restoration....

...acancy, Windham has continued in office as a holdover subject to the qualification of a lawful successor. Nance could have claimed the four-year term to which he had been elected at any time within sixty days after his election as authorized by F.S. Section 114.01(5), F.S.A., but at the expiration of that sixty-day period the office was abandoned by him and the Governor was authorized by Florida Statute 114.04, F.S.A., to make an appointment until the first Tuesday after the first Monday in 1967....

...l become vacant, and no mode is provided by this Constitution or by the laws of the State for filling such vacancy, ..the Governor shall have the power to fill such vacancy by granting a commission for the unexpired term.” Section 461, C.G.L., now Section 114.01 Florida Statutes 1941, defines vacancies in office, and Section 464 C.G.L., now Section 114.04 Florida Statutes 1941, provides that: “In all such cases, and in all other cases in which a vacancy may occur, if the office be a State, d...

...mended section 2.2 of the Authority's enabling legislation to provide that vacancies on the board of commissioners would be filled by the remaining commissioners. I am aware of Attorney General Opinion 84-21, which concluded that a 1977 amendment to section 114.01 , Florida Statutes (1975), required that vacancies in a state, district or county office (other than a member of the Legislature) be filled by the governor....